Chapter 57 — Chapter 57

A professional fundraiser shall file a surety bond at the time of the registration with the attorney general in an amount and on a form provided by the attorney general. The professional fundraiser shall maintain the surety bond, or alternative financial assurances approved by th…

professional fundraisers; prohibited practices. A charitable organization or a professional fundraiser shall not: A. engage in deceptive fundraising practices, meaning any false or misleading verbal or written statement, description or representation of any kind knowingly made in…

A. At least every six months, the professional fundraiser shall account in writing to the charitable organization for all contributions received and all expenses incurred under their contract. The charitable organization shall maintain a copy of the accounting of contributions an…

No solicitation for charitable purposes shall use the fact or requirement of registration or of the filing of any report with the attorney general pursuant to the Charitable Solicitations Act with the intent to cause or in a manner tending to cause any person to believe that the …

A. All charitable organizations subject to the Charitable Solicitations Act shall disclose upon request the percentage of the funds solicited that are spent on the costs of fundraising. For purposes of this section, costs of fundraising shall include all money directly expended o…

A. The attorney general may, on behalf of the state, examine and investigate any charitable organization subject to the Charitable Solicitations Act to ascertain the conditions of its affairs and to what extent, if at all, it fails to comply with the trusts that it has assumed or…

A. Whenever the attorney general has reason to believe that any person may be in possession, custody or control of information or documentary material, including an original or copy of any book, record, report, memorandum, paper, communication, tabulation, chart, photograph, mech…

The attorney general may exchange information obtained by the civil investigative demand with comparable authorities of other states or the federal government regarding charitable organizations, professional fundraisers and professional fundraising counsel. Information acquired b…

This act [57-23-1 to 57-23-8 NMSA 1978] may be cited as the "Franchise Termination Act". History: Laws 1985, ch. 229, § 1.

As used in the Franchise Termination Act: A. "current price" means an amount equal to the price listed in the supplier's printed price list in effect when the franchise is terminated, less applicable trade and cash discounts; B. "dealer cost" means an amount equal to the sum of t…

A. If on termination of a franchise, the dealer delivers to the supplier the inventory that was purchased from the supplier and that is held by the dealer on the date of termination, the supplier shall pay to the dealer: (1) the dealer cost of the new, unsold, undamaged and compl…

A supplier is not required to repurchase: A. inventory: (1) that the dealer orders after the dealer receives notice of the termination of the franchise from the supplier; or (2) for which the dealer cannot furnish evidence of clear title that is satisfactory to the supplier; or B…

If after the termination of a franchise, the dealer submits a warranty claim to the supplier for work performed prior to the effective date of the termination, the supplier shall accept or reject the claim not later than the forty-fifth day after the day that the supplier receive…

If a supplier does not make the payment required by the Franchise Termination Act before the sixty-first day after the day that the supplier received the final shipment of the inventory from the dealer, the supplier shall be liable to the dealer for: A. the greater of the dealer …

The Franchise Termination Act does not affect a supplier's security interest in inventory. History: Laws 1985, ch. 229, § 7.

The provisions of the Uniform Commercial Code - Bulk Transfers [repealed] do not apply to a transaction between a supplier and dealer that is required by the Franchise Termination Act. History: Laws 1985, ch. 229, § 8.

This act [57-24-1 to 57-24-4 NMSA 1978] may be cited as the "Food Products Delivery Guarantee Act". History: Laws 1991, ch. 116, § 1.

As used in the Food Products Delivery Guarantee Act, "food products delivery guarantee" means any statement guaranteeing or warranting the time of delivery of any food product or service. History: Laws 1991, ch. 116, § 2.

Pursuant to a finding by any court that a person made a food products delivery guarantee that proximately resulted in injury or damage to another or another's property, the attorney general, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil pe…

Any person may bring a civil action for injuries or damages proximately caused by any food products delivery guarantee. Damages shall include nominal, compensatory or punitive damages. Costs and attorneys' fees shall be awarded by the court to a prevailing party. The relief provi…

This act [57-25-1 to 57-25-6 NMSA 1978] may be cited as the "Carnival Ride Insurance Act". History: Laws 1993, ch. 284, § 1.

As used in the Carnival Ride Insurance Act: A. "carnival ride" means any mechanical device, aquatic device or combination of devices that carries or conveys passengers on, along, around, through or over a fixed or restricted route or course or within a defined area for the purpos…

required; carnival ride insurance fund created. A. No person shall operate a carnival ride without a policy of insurance in an amount not less than three million dollars ($3,000,000) against liability for injury to persons arising out of the operation of the carnival ride. B. Eit…

A. The department or its authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined that the owner or operator has not acquired a policy of insurance or has not maintained inspections of his carnival r…

No provision of the Carnival Ride Insurance Act shall be construed to place any liability on the state or on the department with respect to any claim by any person, firm or corporation relating to a carnival ride or to any injury or damages arising from a carnival ride. History: …

The provisions of the Carnival Ride Insurance Act shall not apply to nonprofit organizations that own and operate a carnival ride ten days or less each year. History: Laws 1993, ch. 284, § 6. ARTICLE 26 Rental-Purchase Agreements

Sections 1 through 12 [57-26-1 to 57-26-12 NMSA 1978] of this act may be cited as the "Rental-Purchase Agreement Act". History: Laws 1995, ch. 38, § 1.

A. An advertisement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state: (1) that the transaction advertised is a rental-purchase agreement; (2) the total number and tota…

A. A lessor who fails to comply with the requirements of the Rental-Purchase Agreement Act is liable to the consumer damaged thereby in an amount equal to: (1) the greater of the actual damages sustained by the consumer as a result of the lessor's failure to comply or twenty-five…

A. If a lessor establishes by a preponderance of evidence that a violation of the Rental-Purchase Agreement Act was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors, the lessor shall not be subj…

As used in the Rental-Purchase Agreement Act: A. "advertisement" means a commercial message in any medium that solicits a consumer to enter a rental-purchase agreement; B. "cash sale price" means the price stated in a rental-purchase agreement for which the lessor would have sold…

A. The Rental-Purchase Agreement Act does not apply to the following: (1) rental-purchase agreements made primarily for business, commercial or agricultural purposes; (2) a lease of a safe deposit box; (3) a lease or bailment of personal property that is incidental to the lease o…

A. Each rental-purchase agreement shall be in writing, dated, signed by the consumer and lessor and completed as to all essential provisions. B. The printed or typed portion of the rental-purchase agreement, other than instructions for completion, shall be in a size equal to at l…

A. For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (1) whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment and the total number and total dollar amount of all periodic p…

A rental-purchase agreement shall not contain: A. a confession of judgment; B. a negotiable instrument; C. a security interest or any other claim of a property interest in any property of the consumer; D. a wage assignment; E. a waiver by the consumer of claims or defenses; F. a …

A. A consumer who fails to make a timely rental payment may reinstate the rental- purchase agreement without losing any rights or options that exist under the agreement by the payment of the following charges within five days of the renewal date of an agreement with monthly perio…

Upon request by the consumer, a lessor shall provide the consumer with a written receipt for each payment made. History: Laws 1995, ch. 38, § 8.

A. A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act is changed by agreement between the lessor and consumer. A renegotiation creates a new rental-purchase agr…

This act [57-27-1 to 57-27-5 NMSA 1978] may be cited as the "Assistive Device Lemon Law". History: Laws 1998, ch. 29, § 1.

As used in the Assistive Device Lemon Law: A. "assistive device" means manual wheelchairs, motorized wheelchairs, motorized scooters and motorized wheelchair lifts that allow access to motor vehicles; hearing aids, telephone communication devices for the deaf, assistive listening…

A. A manufacturer who sells an assistive device to a consumer, either directly or through a dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty shall be not less than one year after first delivery of the assis…

The attorney general may adopt and promulgate rules necessary to carry out the provisions of the Assistive Device Lemon Law, including rules concerning arbitration of disputes arising from nonconforming assistive devices and failures to comply with the Assistive Device Lemon Law.…

A. This section shall not be construed to limit rights and remedies available to a consumer under any other law. B. In addition to pursuing any other remedy, a consumer may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater. W…

Chapter 57, Article 28 NMSA 1978 may be cited as the "Prompt Payment Act". History: Laws 2001, ch. 68, § 1; 2007, ch. 213, § 1.

History: Laws 2001, ch. 68, § 10; repealed by Laws 2007, ch. 213, § 6.

In an action to enforce the provisions of the Prompt Payment Act, the court may award court costs and reasonable attorney fees. History: Laws 2001, ch. 68, § 11; 2007, ch. 213, § 5.

As used in the Prompt Payment Act: A. "construction" means building, altering, repairing, installing or demolishing in the ordinary course of business any: (1) road, highway, bridge, parking area or related project; (2) building, stadium or other structure; (3) airport, subway or…

The provisions of the Prompt Payment Act do not apply to construction contracts for residential property containing four or fewer dwelling units. History: Laws 2001, ch. 68, § 3; 2007, ch. 213, § 3.

History: Laws 2001, ch. 68, § 4; repealed by Laws 2007, ch. 213, § 6.

A. Except as provided in Subsection B of this section, all construction contracts shall provide that payment for amounts due shall be paid within twenty-one days after the owner receives an undisputed request for payment. Payment by the owner to the contractor may be made by firs…